The fine should be decided by the judge according to the specific case, but there is a standard that criminals cannot make profits through illegal acts, so all illegal gains must be returned.
The crime of counterfeiting registered trademarks is aimed at the production and manufacturing links. Once manufactured, it should be confirmed as the amount involved, so if it is not sold, it should also be confirmed as the amount involved.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights (Excerpt)
(Fa Shi [2004] 19, February 22, 2004)
Article 2 Whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is more than 50,000 yuan, belongs to the "relatively large amount" as stipulated in Article 214 of the Criminal Law. For the crime of selling goods with counterfeit registered trademarks, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined. If the sales amount is more than 250,000 yuan, it belongs to the "huge amount" stipulated in Article 214 of the Criminal Law. For the crime of selling goods with counterfeit registered trademarks, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. Article 9 The term "sales volume" as mentioned in Article 214 of the Criminal Law refers to all illegal gains obtained after selling goods with counterfeit registered trademarks. In any of the following circumstances, it shall be deemed as "knowing" as stipulated in Article 214 of the Criminal Law: (1) knowing that the registered trademark on the goods it sells has been altered, replaced or covered; (2) Being subject to administrative punishment or civil liability for selling goods with counterfeit registered trademarks, and selling similar goods with counterfeit registered trademarks; (3) Forging or altering the authorization document of the trademark registrant or knowing that the document is forged or altered; (four) know or should know other circumstances of counterfeit registered trademark goods.
Article 15 Where a unit commits the acts specified in Articles 213 to 219 of the Criminal Law, it shall be convicted and sentenced according to three times of the conviction and sentencing standards for the corresponding single crime specified in this Interpretation. Article 16 knowingly providing others with loans, funds, account numbers, invoices, certificates and licenses, or providing others with facilities and assistance such as production and business premises, transportation, warehousing and import and export agents. , should be punished as the * * * perpetrator of the crime of infringement of intellectual property rights.